Subsequent Trump-Era and Court Action(s)

• August 18, 2021

  2021.08.19 Texas v. US preliminary injunction decision

  On August 19, 2021, Judge Drew B. Tipton of the U.S. District Court for the Southern District of Texas, Victoria Division, enjoined the Biden administration's Jan. 20 and Feb. 18 guidance on enforcement priorities. Texas v. U.S., No. 6:21-cv-00016 (S.D. Texas, Aug. 19, 2021).

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• September 15, 2021

  2021.09.15 Texas v. US 5th Circuit Stay Order

  On September 15, 2021, a panel of the Fifth Circuit issued an order granting in part the government's request for a stay of Judge Tipton's order enjoining the Biden administration's Jan. 20 and Feb. 18 enforcement priority memos. The memos can go into effect, except to the extent that the government seeks to rely on them to decline to detain noncitizens who are subject to mandatory detention (individuals "described in 1226(c)(1) against whom detainers have been lodged or aliens who fall under section 1231(a)(1)(A) because they have been ordered removed"). The court stayed the remainder of Judge Tipton's injunction until the merits appeal.

  On November 30, 2021, the en banc Fifth Circuit vacated the panel's stay and assigned the merits appeal to a future panel. (Texas v. U.S., Case No. 21-40618, Document No. 00516112252, Nov. 30, 2021).

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• March 22, 2022

  2022.03.22 Arizona v. Biden, Case No. 3:21-cv-314, Order Granting Preliminary Injunction

  On March 22, 2022, the Southern District of Ohio issued a preliminary injunction in Arizona v. Biden partially enjoining the Biden administration's September 30, 2021, Guidelines for the Enforcement of Civil Immigration Law. The decision restrains DHS from taking the following three actions pursuant to the guidance:

  "a. Enforcing and implementing Section II of the Permanent Guidance (entitled “Civil Immigration Priorities”) to make, determine, or adjudicate noncitizen custody decisions pending removal proceedings contrary to 8 U.S.C. § 1226(c)(1);
  b. Enforcing and implementing Section II of the Permanent Guidance to authorize the release of, whether on bond, supervision, or otherwise, a noncitizen with a final order of removal during the removal period in violation of 8 U.S.C. § 1231(a)(2); and
  c. Enforcing and implementing Section II of the Permanent Guidance to delay, continue, or stay the execution of a noncitizen’s final order of removal to the extent that no other provision in 8 U.S.C. § 1231, or any other provision of the U.S. Code, justifies the noncitizen’s continued presence in the United States beyond the period set forth in 8 U.S.C. § 1231(a)."

  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

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• April 12, 2022

  2022.04.12 Arizona v. Biden, No. 22-3272, On Motion for Stay (6th Cir., April 12, 2022).

  On April 12, 2022, the 6th Circuit issued a stay of the District Court's nationwide injunction of DHS's September 30, 2021 enforcement Guidelines.

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